People v. Rowell

Appellate Division of the Supreme Court of New York

People v. Rowell

56 A.D.2d 666, 392 N.Y.S.2d 304, 1977 N.Y. App. Div. LEXIS 10811

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 1977

StatusPublished

Cited by2 cases

This text of 56 A.D.2d 666 (People v. Rowell) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Rowell, 56 A.D.2d 666, 392 N.Y.S.2d 304, 1977 N.Y. App. Div. LEXIS 10811 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Dutchess County, rendered November 14, 1974, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. Judgment modified, on the law, by reducing the conviction to one of manslaughter in the second degree and vacating the sentence imposed. As so modified, judgment affirmed, and case remanded to the County Court for resentence. The facts adduced when the defendant was permitted to change his plea do not supply a factual basis for a finding that defendant was guilty of manslaughter in the first degree, but do support a finding of his guilt of manslaughter in the second degree. We note that defense counsel, in his brief, has requested a modification of the conviction and the prosecutor has agreed to the disposition here made. Rabin, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant from a judgment of the County Court, Dutchess County, rendered November 14, 1974, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. Judgment modified, on the law, by reducing the conviction to one of manslaughter in the second degree and vacating the sentence imposed. As so modified, judgment affirmed, and case remanded to the County Court for resentence. The facts adduced when the defendant was permitted to change his plea do not supply a factual basis for a finding that defendant was guilty of manslaughter in the first degree, but do support a finding of his guilt of manslaughter in the second degree. We note that defense counsel, in his brief, has requested a modification of the conviction and the prosecutor has agreed to the disposition here made. Rabin, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

56 A.D.2d 666, 392 N.Y.S.2d 304, 1977 N.Y. App. Div. LEXIS 10811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rowell-nyappdiv-1977.

Opinion

Related

Cite This Page — Counsel Stack